Judges warn Abbott to stop stalling Voter ID case

The three-judge from the United States District Court for the District of Columbia issued an order Monday requiring that the State of Texas cease violating discovery deadlines and employing delay tactics.

Attorney General Greg Abbott

A portion of the judges’ order said: “To date, Defendants have worked tirelessly in discovery so that this case may be tried the week of July 9, 2012. The Court, moreover, has made itself promptly available on numerous occasions to hear and resolve any disputes that would otherwise delay discovery….Unfortunately, Texas has failed to act with the same diligence and sense of urgency. Although Texas states that its paramount objective is obtaining preclearance and implementing S.B. 14 in time for the November 2012 general election, Texas’ actions reflect a wholly different view.”

One of the parties in the case is the Mexican American Legislative Caucus.

“Attorney General Abbott’s attempts to create manufactured crises must come to an end,” MALC Chairman Trey Martinez Fischer, D-San Antonio, said. “The facts are clear, Texas has been deliberately delaying the discovery process for the Department of Justice and the Defendant-Interveners, MALC included. The Attorney General would do well to stop playing games in press releases and instead adhere to the court’s orders.”

MALC Chairman Trey Martinez Fischer, D-San Antonio

Martinez Fischer noted the Voting Rights Act places the burden of proof on the State.

“And it is about time that the attorney general turns over access to key state databases that show how the new Photo ID law will place an undue burden on voters across the state. Further, key legislators need to face deposition and explain their intent and why they voted as they did,” Martinez Fischer said.

The U.S. attorney general’s office wanted the federal judges to postpone the July 9th trial in Texas’ Voter ID case because of complaints that Abbott continues to stall requests for information in the controversial case.

Abbott wanted a quick trial to put the Voter Photo ID law in place for the Nov. 6 general election.

The Department of Justice has been getting information since last summer, Abbott spokeswoman Lauren Bean said recently.

“They’ve had plenty of time to get ready for trial and still have two-and-a-half more months. The time for complaining is over and the time to get this matter decided is now,” she said. “The DOJ and the intervening parties are fighting to prevent implementation of the state’s Voter ID law. This motion is nothing more than foot dragging and delay in an attempt to avoid resolving this case.”

The judges, however, saw it differently.

“Texas has repeatedly ignored or violated directives and orders of this Court that were designed to expedite discovery, and Texas has failed to produce in a timely manner key documents that Defendants need to prepare their defense,” they said in their order. “Most troubling is Texas’ conduct with respect to producing its key state databases, which are central to Defendants’ claim that S.B. 14 has a disparate and retrogressive impact on racial and/or language minority groups. The record reflects that these databases are voluminous, complex, and essential to the preparation of the opinions of Defendants’ expert witnesses. Yet, according to Texas, the full production of such databases to the United States was only complete on May 4, 2012—35 days after they were initially due.”

The judges said they will stick with the July 9 trial date only “if every single future deadline, and every single condition, that are set forth in this Order can and will be met by Texas.”